Re: [ga] Questions for Joe Baptista / Eric Dierker, and why the GA list should be ended

[Karl Auerbach <karl@xxxxxxxxxxxx>]

George Kirikos wrote:
http://www.icann.org/minutes/prelim-report-14aug07.htm

> "Resolved (07.68) that Vint Cerf be authorized to speak on behalf of
> ICANN at the upcoming IGF Meeting in Rio as its Past-Chair and that
> expenses related to his travel will be paid by ICANN."
I missed that one.  It is absurd.  And it admits that ICANN lives under 
morte main - the principle of the dead hand - that retains control even 
after it is formally detached from the body of ICANN.
To speak "on behalf of ICANN" means that there is some authority to the 
words.  Yet, unless Vint is made an officer or employee, there is no 
legal foundation and it is a dereliction of corporate responsibility to 
expend funds in this manner.
I would go so far as to suggest that there may be a risk under US tax 
laws that the directors who voted for this may be personally liable 
under the rule of "intermediate sanctions" - 
http://en.wikipedia.org/wiki/Intermediate_sanctions - part of the US 
Federal tax code.  And since "intermediate sanctions" are a tax, they 
tend to be excluded from any director liability coverage.
It is utterly amazing to me how badly ICANN's board, individually and 
collectively comprehends their, and its, legal responsibilities.
                --karl--